Christensen v. Holohan, (1982) 17 Man.R.(2d) 443 (CA)

• Judge: Monnin, O'Sullivan, and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 31, 1982
• Jurisdiction: Manitoba
• Citations: (1982), 17 Man.R.(2d) 443 (CA)

Christensen v. Holohan (1982), 17 Man.R.(2d) 443 (CA)

MLB headnote and full text

Christensen v. Holohan

(Suit No. 250/81)

Indexed As: Christensen v. Holohan

Manitoba Court of Appeal

Monnin, O'Sullivan, and Huband, JJ.A.

August 19, 1982.

Summary:

The plaintiff by counterclaim appealed an assessment of damages for personal injuries on the ground that it was so inordinately low as to be erroneous in law. The decision of the Trial Division is reported in 6 Man.R.(2d) 435.

The Manitoba Court of Appeal dismissed the appeal.

Damage Awards - Topic 150

Personal injuries - Multiple injuries - General - 45 year old male - Four fractured ribs with lung contusion, fractured left and right radius, right wrist, left pubic bone, left acetabular roof, dislocated left hip, damage to upper end of fibula and injury to popliteal nerve - Permanent impairment of wrist and hip - The Manitoba Court of Appeal affirmed an assessment of $65,000.00 general damages for past and future pain, suffering, disability and impairment of enjoyment of life and interference with business opportunities.

Damages - Topic 1540

General damages for personal injuries - General - The Manitoba Court of Appeal stated that separate assessments for pecuniary and non-pecuniary damages allow for an easier and more meaningful review by an appellate tribunal, but that does not mean that a global award for pecuniary and non-pecuniary damages is to be avoided in all circumstances - See paragraph 3.

Cases Noticed:

Andrews et al. v. Grand & Toy Alberta Ltd. et al., [1978] 2 S.C.R. 229; 19 N.R. 50; 8 A.R. 182; [1978] 1 W.W.R. 557; 83 D.L.R.(3d) 452, consd. [para. 3].

Hildebrand v. Szalai (1979), 1 Man.R.(2d) 438, consd. [para. 3].

Counsel:

K.G. Houston, Q.C., for the appellant;

A.J.J. Hogue, for the respondent.

This appeal was heard on May 31, 1982, by MONNIN, O'SULLIVAN and HUBAND, JJ.A., of the Manitoba Court of Appeal. On August 19, 1982, MONNIN, J.A., delivered the following decision for the Court of Appeal.